Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commission may grant a benefit, called a funeral benefit, towards the funeral expenses incurred in respect of the funeral of:
(a) a veteran whose death was war - caused;
(d) a veteran who has died in indigent circumstances; or
(e) subject to subsection (3), a veteran who has died:
(i) in an institution;
(ii) while travelling to or from an institution;
(iii) after having been discharged from an institution in which the veteran was being treated for a terminal illness; or
(iv) while being treated for a terminal illness at the veteran's home instead of at an institution.
Note: See sections 111 and 113 for the making of an application for a funeral benefit under this subsection.
(2) The Commission may grant a benefit ( funeral benefit ) towards the funeral expenses incurred in respect of the funeral of a veteran if, after the death of the veteran:
(a) a pension is granted to the veteran that is determined to be payable, from a date before the veteran's death:
(i) at a rate that is worked out under subsection 22(4); or
(ii) at a rate that is worked out under section 24; or
(iii) at a rate that is worked out under section 27 because the veteran was suffering from incapacity from a war - caused injury or a war - caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or
(b) the rate of a pension that was payable to the veteran under Part II is increased, as from a date before the veteran's death because:
(i) subsection 22(4) or section 24 applied to the veteran as from that date; or
(ii) section 27 applied to the veteran as from that date because of incapacity from a war - caused injury or a war - caused disease of a kind described in any of items 1 to 8 of the Table in subsection 27(1); or
(c) information is received which satisfies the Commission that the veteran was, before the MRCA commencement date, made a prisoner of war at a time when the veteran was rendering operational service.
Note: See sections 111 and 113 for the making of an application for a funeral benefit under this subsection.
(3) A funeral benefit must not to be granted under paragraph (1)(e) unless:
(a) if subparagraph (1)(e)(i) or (ii) applies--treatment is or was provided in the institution; and
(b) in any case--the treatment is or was arranged:
(i) by the Commission under Part V of this Act; or
(ii) by the Military Rehabilitation and Compensation Commission under Chapter 6 of the MRCA.
(3A) A funeral benefit is not to be granted under subsection (2) in respect of a veteran if a funeral benefit has been granted to his or her estate under section 98B.
(4) A funeral benefit under this section in respect of a deceased veteran consists of:
(a) a sum of $2,000 or an amount equal to the amount paid or payable in respect of the funeral of the deceased veteran, whichever is less; and
(b) subject to subsection (5), if:
(i) the veteran died at a place other than the veteran's ordinary place of residence; and
(ii) the veteran was absent from the veteran's ordinary place of residence for the purpose of obtaining medical treatment; and
(iii) the Commission or the Military Rehabilitation and Compensation Commission arranged for the provision of the treatment; and
(iv) a charge was made by the funeral director expressly for transporting the body of the deceased veteran from the place where the veteran died to the place where the veteran ordinarily resided immediately before the veteran died;
a sum equal to a reasonable charge for so transporting the body of the deceased veteran.
(5) Paragraph (4)(b) does not apply to a charge made by a funeral director for transporting the body of the deceased veteran:
(a) outside Australia; or
(b) from one place in the metropolitan area of a capital city to another place in the metropolitan area of that city.
(6) For the purposes of subparagraph (4)(b)(ii), but without limiting the generality thereof, a veteran shall be deemed to be absent from the veteran's ordinary place of residence for the purpose of obtaining medical treatment:
(a) if the veteran is travelling from his or her ordinary place of residence for the purpose of obtaining medical treatment;
(b) if the veteran is returning to his or her ordinary place of residence after having obtained medical treatment;
(c) if the veteran is being provided with medical treatment at a place other than his or her ordinary place of residence; or
(d) if the veteran is away from his or her ordinary place of residence on the recommendation of his or her doctor by way of treatment for an injury or disease.
(7) In paragraph (4)(a), the amount paid or payable in respect of the funeral of a deceased veteran means, in a case where the deceased veteran was, immediately before his or her death, a member of a contributory funeral benefit fund, the amount by which the cost of the funeral exceeds the amount of the benefit payable from that fund in relation to the deceased veteran.